REGENT COMPUTRONICS PVT. LTD.

DILIP GUPTA Appellant

V/S

Smt Sarada Verma Respondents

Referred Judgements :-

KSHIRODE CHUNDER GHOSAL V. SARODA PROSAD [REFERRED TO]
BHUBAN MOHAN V. BRAJENDRA [REFERRED TO]
NITISH CHANDRA V. PROMODE KUMAR [REFERRED TO]
KALI KUMAR MUKHERJI V. BRAHMANANDA MUKHERJEE [REFERRED TO]
B.N. BANERJI V. SNEHALATA DEVI [REFERRED TO]
S.N. SADHUKHAN V. CHHOTELAL SHAW [REFERRED TO]
SURENDRA NATH ACHAR V. RAM CHANDRA HAZRA [REFERRED TO]
RAMARAO V. SHANTIBAI [REFERRED TO]
RAMASWAMI V. SUBRAMANIA [REFERRED TO]
H.N. MOOKHERJEE V. SHYAM SUNDER KUER [REFERRED TO]
VENKATESWARA RICE GINNING AND GROUNDNUT OIL MILL CONTRACTORS CO VS. STATE OF ANDHRA PRADESH [REFERRED TO]
EKNATH SHANKARRAO MUKKAWAR VS. STATE OF MAHARASHTRA [REFERRED TO]
SAKHAWAT ALI VS. ALI HUSAIN [REFERRED TO]
HARADHONE HALDAR VS. USHA CHARAN KARMAKAR [REFERRED TO]
SATYENDU KUNDU VS. AMAR NATH GHOSH [REFERRED TO]
SANTOSH KR MITRA VS. KALIPADA DAS [REFERRED TO]
ABDUL SATHAR VS. A NAWAB [REFERRED TO]
SITARAM HARI SALUNKHE VS. LAXMAN RAMBODH DUBEY [REFERRED TO]
BOTO KRISHNA GHOSE VS. AKHOY KUMAR GHOSE AND OTHERS [REFERRED TO]

JUDGEMENT

(1.) The main point for consideration in this appeal, or revisional application, in the alternative, in whether section 4 of the Partition Act, 1893 can be attracted to a sale to a stranger of a share of a dwelling-house by a member of an undivided family, after passing of a find decree in a suit for partition brought by a co-sharer against other members of that undivided family.

(2.) The facts leading to the filing of the appeal, or revisional application, in the alternative, may be stated as follows :

(3.) An order rejecting an application for sale under section 4 of the Act cannot be deemed to be a decree under section 8 of the Act and is not, therefore, appealable (see Nitish Chandra Vs. Promode Kumar, 56 CWN 375 ; Bhuban Mohan Vs. Brajendra, 45 CWN 74 ). As such, this proceeding will henceforth be taken as revisional application.

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DILIP GUPTA Vs. SMT SARADA VERMA

Referred Judgements :-

JUDGEMENT

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